A National Labor Relations Board judge misapplied a doctrine that allows for unfair labor practice findings against companies when there is no evidence of anti-union animus, a Pennsylvania metals manufacturer told the board as it challenges an agency judge's decision finding it unlawfully refused to rehire strikers.
The Sixth Circuit recently became the first federal appellate court to rule that a law prohibiting mandatory arbitration of sexual harassment allegations protects the entirety of a case that includes a sexual harassment claim, a decision that experts say likely sheds light on how other circuits will decide the same issue.
Attorneys expect the U.S. Department of Labor will seek to return to a Fair Labor Standards Act joint employer test from President Donald Trump's first term, as the National Labor Relations Board has now done for joint employment under federal labor law.